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                                                      PRINTER'S NO. 3165

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2399 Session of 1998


        INTRODUCED BY ADOLPH, HASAY, SAINATO, CHADWICK, MARSICO, SATHER,
           GODSHALL, FICHTER, BAKER, FLEAGLE, GEIST, PIPPY, COY, PESCI,
           KENNEY, FAIRCHILD, L. I. COHEN, TULLI, ZUG, STERN,
           McNAUGHTON, HABAY, TRUE, HERSHEY, GORDNER, MAITLAND,
           D. W. SNYDER, C. WILLIAMS, TIGUE, KREBS, NAILOR, ARMSTRONG,
           ORIE, FARGO, B. SMITH, HERMAN, BROWNE, BROWN, PLATTS, HANNA,
           READSHAW, SERAFINI, MAHER, STEVENSON, MILLER, BOSCOLA,
           BATTISTO, ROBINSON, CIVERA, CLARK, E. Z. TAYLOR, DEMPSEY,
           MASLAND, ARGALL, RAYMOND, WILT, SCHRODER, VAN HORNE, BARRAR,
           BENNINGHOFF, WAUGH, BARD, HARHART, DALLY, SEYFERT AND BOYES,
           MARCH 12, 1998

        REFERRED TO COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT,
           MARCH 12, 1998

                                     AN ACT

     1  Amending the act of June 29, 1996 (P.L.434, No.67), entitled "An
     2     act to enhance job creation and economic development by
     3     providing for an annual financing strategy, for opportunity
     4     grants, for job creation tax credits, for small business
     5     assistance and for the Small Business Advocacy Council;
     6     conferring powers and duties on various administrative
     7     agencies and authorities; further providing for various
     8     funds; and making repeals," further providing for the annual
     9     maximum amount of job creation tax credits.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Section 904 of the act of June 29, 1996 (P.L.434,
    13  No.67), known as the Job Enhancement Act, is amended to read:
    14  Section 904.  Tax credits.
    15     (a)  Maximum amount.--A company may claim a tax credit of
    16  $1,000 per new job created up to the maximum job creation tax


     1  credit amount specified in the commitment letter.
     2     (b)  Determination of new jobs created.--
     3         (1)  New jobs shall be deemed created in year one to the
     4     extent that the company's highest employment quarter during
     5     year one exceeds the company's average monthly employment
     6     level during the company's base period.
     7         (2)  New jobs shall be deemed created in year two to the
     8     extent that the company's highest employment quarter during
     9     year two exceeds the company's highest employment quarter
    10     during year one.
    11         (3)  New jobs shall be deemed created in year three to
    12     the extent that the company's highest employment quarter
    13     during year three exceeds the company's employment quarter
    14     during year two.
    15     (c)  Applicable taxes.--A company may apply the tax credit to
    16  100% of the company's State corporate net income tax, capital
    17  stock and franchise tax or the capital stock and franchise tax
    18  of a shareholder of the company if the company is a Pennsylvania
    19  S corporation, gross premiums tax, gross receipts tax, bank and
    20  trust company shares tax, mutual thrift institution tax, title
    21  insurance company shares tax, personal income tax or the
    22  personal income tax of shareholders of a Pennsylvania S
    23  corporation or any combination thereof.
    24     (d)  Tax credit term.--A company may claim the job creation
    25  tax credit for each new job created, as approved by the
    26  department, for a period determined by the department, but not
    27  to exceed five years from the date the company first submits a
    28  job creation tax credit certificate to the Department of
    29  Revenue.
    30     (e)  Maximum.--The total amount of all tax credits approved
    19980H2399B3165                  - 2 -

     1  in a year under this chapter shall not exceed [$15,000,000]
     2  $20,000,000.
     3     Section 2.  This act shall take effect July 1, 1998.


















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